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  • 8
    Oct
    2012
    4:08pm, EDT

    Sandusky, alleging broad conspiracy, insists he's innocent of child sex-abuse charges

    Jerry Sandusky, former Penn State assistant football coach who was convicted of 45 counts of child sexual abuse, professes his innocence from his jail cell. NBC's Brian Williams reports.

    By Sevil Omer and M. Alex Johnson, NBC News

    New in this version: Statement from Sandusky; reaction from attorney; links to text and audio

    Updated at 8:27 p.m. ET: Former Penn State assistant football coach Jerry Sandusky insisted Monday that "I did not do these alleged disgusting acts" and blamed a systematic conspiracy among police, Penn State administrators and the media for his conviction on 45 counts of child sexual abuse.

    "They can take away my life, they can make me out as a monster, they can treat me as a monster, but they can't take away my heart," Sandusky, 68, who is to be sentenced Tuesday, said in a three-minute statement recorded from his jail cell in Bellefonte, Pa., and aired on the Penn State student radio station.


    Tom Winter and Michael Isikoff of NBC News and Lu Ann Cahn and Karen Araiza of NBC station WCAU-TV of Philadelphia contributed to this report by Sevil Omer and M. Alex Johnson of NBC News.

    Sandusky said his accusers were part of a "well-orchestrated effort of the media, investigators, the system, Penn State, psychologists (and) civil attorneys" to falsely put him in prison.

    "My wife has been my only sex partner, and that was after marriage. Our love continues," he said.

    Related: Full statement from Jerry Sandusky

    Related: Audio of Sandusky's statement on Penn State student station ComRadio

    "Over and over, I asked why? Why didn't we have a fair opportunity to prepare for trial?" Sandusky said. "Why have so many people suffered as a result of false allegations?"

    He said his accusers chose to join his Second Mile program for troubled boys "because of issues" and said that "some of those may remain."

    Sandusky said he hoped his experience would help others, saying: "Some vulnerable children who could be abused might not be because of all the publicity. That would be nice, but I'm not sure about it."

    Karl Rominger, an attorney for Sandusky, told NBC News that  he hadn't known of Sandusky's plans to issue the statement beforehand. After hearing it, he said it sounded like his client.

    Earlier, Sandusky's lead attorney, Joe Amendola, said his client was prepared for the worst when he is sentenced on 45 counts of child sexual abuse Tuesday.

    "He's going to say that he’s innocent," Amendola told NBCPhiladelphia. com.

    Sandusky, who had become a hometown hero as a Penn State coach and as a champion for underprivileged boys, was convicted in June of abusing 10 boys over  15 years, including some attacks inside Penn State's athletic facilities.

    Before the judge decides how much time Sandusky will spend in prison, some of his victims may speak out, as may Sandusky.

    View NBCPhiladelphia's complete coverage of Penn State scandal

    "Jerry will not be having anyone speak on his behalf," Amendola told NBC News on Monday before participating in a closed-door meeting with prosecutors and Judge John Cleland to discuss sentencing logistics. 

    Attorney Ben Andreozzi, who represents Victim 4, told the Patriot News that nothing surprises him from Sandusky.

    "I keep hoping he will do the right thing and take responsibility for his actions but it appears that day will never come," Andreozzi said.

    Sentencing is expected to begin with a hearing to determine whether Sandusky qualifies as a sexually violent predator under Pennsylvania's version of Megan's Law, after which Sandusky will be sentenced.

    Sandusky will likely spend the rest of his life in prison, given his age and the serious nature of his convictions. Several of the counts carry mandatory minimum sentences of five or 10 years.


    Follow @NBCNewsUS

    Amendola said Sandusky is prepared to hear the worst.

    "It's going to be tantamount to a life sentence for Jerry," Amendola told NBCPhiladelphia.com.

    Amendola told NBC News that he has letters defending Sandusky, including one from his wife, Dottie Sandusky, who stands by her husband and will attend the sentencing.

    Sandusky admits to no wrongdoing, Amendola said, but he does admit making a mistake.

    “What Jerry has always said, his mistake was using bad judgment and doing some of the things that led up to the accusations — getting showers with kids," Amendola told NBCPhiladelphia.com. "He said he should have realized, obviously, that wasn't the thing to do. But he's always maintained and still maintains his innocence."

    Sandusky has spent the last three months in a cell with a bed, a sink and a toilet.

    "It’s a Spartan life. He’s isolated," Amendola said. "Not because he's bad, not because they think he's a bad person, but for his own protection.”

    Sandusky has been busy writing a detailed document that he is convinced will be the key to his appeal.

    Visit NBCNews.com for breaking news, world news, and news about the economy

    'He was set up'
    "I believe that he was set up; I really do," Amendola said, according to NBCPhiladelphia.com. "I believe this started out as an investigation into Jerry Sandusky, but as soon as the power people realized that this could also implicate Penn State, I think this took on a life of its own."

    Analysis: What to expect at Sandusky's sentencing

    Amendola said there were inconsistencies in the testimony from accusers that jurors simply ignored.

    "If Jerry Sandusky did all the things these young people said he did, he didn’t have time to do anything else — he didn’t have time to be a parent, he didn't have time to be an assistant coach at Penn State — my God, he was busy doing all these sexual activities with all these kids!"

    Sandusky is more than ready to be sentenced, Amendola said, because for them, the sentencing finally triggers the appeals process. The basis of their appeal will be that Sandusky was denied due process.

    Looking back, Amendola said he does have regrets — Sandusky should have testified, and his lawyers should have asked for an out-of-county jury. But the biggest regret was the interview with Bob Costas of NBC's "Rock Center."

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    When Sandusky walks into court Tuesday, he’ll look different from  the last time, when he was handcuffed after his guilty verdict and led away in his starched white shirt and brown sports coat.

    "You’re going to see a guy who's lost some weight," Amendola said. "They may have him dressed in prison garb ... the bright orange. And he’s lost weight. But he's feisty!"

    Ex-Penn State football aide McQueary files $4M whistleblower lawsuit

    Amendola said Sandusky's spirits are unbelievably high.

    "He really believes that he's going to be vindicated," Amendola said. "He really anticipates he's going to get another shot at this.

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    574 comments

    His punishment should begin with a good, Asian bamboo caning. Then we can go from there. Flogging is always a good start for his kind.

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  • 2
    Oct
    2012
    4:36pm, EDT

    Ex-Penn State football aide McQueary files $4 million whistleblower lawsuit

    By Tom Winter, NBC News

     

    Chris Gardner / Getty Images file

    Assistant coach Mike McQueary of the Penn State Nittany Lions walks the sidelines in State College, Pa., Sept. 12, 2009.

    Former Penn State football assistant Mike McQueary on Tuesday filed a whistleblower lawsuit seeking $4 million from the university, claiming he was made a "scapegoat" for the university's failures to rein in a coach accused of sexual assault.


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    McQueary is the staffer who said he witnessed assistant football coach Jerry Sandusky having sex with a boy in the locker room in 2001, and reported what he saw to head football coach Joe Paterno and other university officials. Other boys were assaulted on campus before Sandusky, 68, was found guilty in 2012 of 45 counts of child sexual abuse.


    Here is a copy of the lawsuit in a PDF file.


    Follow Open Channel from NBC News on Twitter and Facebook.


    The lawsuit says McQueary is seeking $4 million. His base salary in 2011 was $140,400 plus bonuses and benefits, making his anticipated earnings over the next 25 years at least $4 million. McQueary says he was placed on administrative leave a week after a grand jury found that university officials made false statements about what McQueary had told them. Gary Schultz, a former senior vice president at Penn State, and Tim Curley, the former athletic coordinator, are accused of lying to a grand jury about what they knew of sex abuse allegations against Sandusky. The university has been paying the legal fees of other Penn State employees in the case, but not McQueary's.

    McQueary was a graduate assistant football coach from 2000 through 2003, and then an assistant football coach until 2011. He said he saw Sandusky engaging in sex with a boy who appeared to be 10 to 12 years old in the staff locker room of the Lasch Football Building. He said he reported the incident to his supervisor, Coach Paterno, the next day, and then was invited to tell the story to Schultz and Curley. He said he relied on their statements that they would take action. Schultz supervised the university police department.

    Penn State Communications Director David LaTorre said Tuesday, "We won't have a comment."

    McQueary also is seeking compensation for having his automobile privileges revoked, compensation for early withdrawls from his retirement account, bowl game bonuses from the 2011 season, back pay through Sandusky's trial, and his legal expenses.

    The university's internal Freeh report described what happened in 2001:

    "On Friday, February 9, 2001, University graduate student Michael McQueary observed Sandusky involved in sexual activity  with a boy in the coach's shower room in the University's Leach Building. McQueary met with and reported the incident to Paterno on Saturday, February 10, 2001. Paterno did not immediately report what McQueary told him, explaining that he didn't want to interfere with anyone's weekend."

     "Upon opening the locker room door, McQueary heard 'rhythmic slapping sounds' from the shower. McQueary looked into the shower through a mirror and saw Sandusky with a 'prepubescent' 10- or 12-year-old boy. McQueary saw Sandusky 'directly behind' the boy with his arms around the boy's waist or midsection. The boy had his hands against the wall, and the two were in 'a very sexual position.' McQueary believed Sandusky was 'sexually molesting' the boy and 'having some type of intercourse with him' although he 'did not see insertion nor was there any verbiage or protest, screaming or yelling.'"

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    255 comments

    this guy is disgusting. he was a grown man and saw that. sure he told his boss but im sorry, if you see a boy getting rapped and you tell your boss and nothing happens you then go to the police. thats commen sense.

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    Explore related topics: paterno, penn-state, featured, sandusky, mcqueary
  • 22
    Aug
    2012
    4:25pm, EDT

    Penn State ex-president Graham Spanier: Freeh report on sex scandal is wrong

    By Kari Huus, NBC News

    Craig Houtz / Reuters file

    Former Penn State University President Graham Spanier, left, and former Penn State assistant football coach Jerry Sandusky, attend the Second Mile Celebrity Golf Classic, in State College, Pennsylvania, in 1997.

    The Penn State University president forced to step down by the sexual abuse scandal that rocked the school on his watch broke his silence about the ordeal in an exclusive interview with The New Yorker this week.


    Follow @NBCNewsUS

    Graham Spanier, 65, said he "is in a mode of substantial grief about what happened to those kids," referring to children sexually assaulted by former Penn State assistant football coach Jerry Sandusky. But Spanier told The New Yorker that he rejected the damning assessment in the Freeh report laying out how university officials failed to stop Sandusky from sexually abusing boys on school property.

    "The Freeh report is wrong, it’s unfair, it is deeply flawed, it has many errors and omissions," said Spanier, speaking to New Yorker reporter Jeffrey Toobin. "They interviewed, they say, over four hundred and thirty people; many of those folks have spoken to me about their interviews. Many of them describe those interviews to me as a witch-hunt."


    Sandusky, 68, was arrested in November 2011 on charges that he sexually abused boys as young as 10, many of them encountered through his charitable foundation for disadvantaged youth, Second Mile. Sandusky was found guilty of 45 counts of child sexual abuse. He is in jail awaiting sentencing.

    The Freeh report, released July 12, looked into the role of individuals and the institution of Penn State in failing to stop Sandusky. It focused on two incidents — a 1998 sexual abuse complaint that was investigated by police and a 2001 eyewitness report of Sandusky apparently involved in sexual activity with a 10- to 12-year-old boy in a shower.

    The 276-page report on the findings from a special investigation led by former FBI Director Louis Freeh named Spanier one of "the four most powerful people" at Penn State "who failed to protect against a child sexual predator harming children for over a decade."

    The other three are former head football coach Joe Paterno, who died in January, former Penn State vice president Gary Schultz and former university athletic director Timothy Curley — both of whom are charged with failing to report the allegations of sexual abuse by Sandusky, and of committing perjury when questioned by a grand jury. Their trials are expected to begin in early 2013.

    Spanier was forced to step down as president but remains on staff as a tenured professor in the Sociology Department. He is not charged with anything.

    According to the Freeh report, however, "Spanier failed in his duties as president" in handling reports related to Sandusky. It said Spanier and others "repeatedly concealed critical facts relating to Sandusky’s child abuse from the authorities, the University’s Board of Trustees, the Penn State community, and the public at large."

    Related content:

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    • Penn state faces more fallout from sex abuse scandal

    Penn State, now led by Rodney Erickson, accepted Freeh’s findings in their entirety.

    In the lengthy interview with The New Yorker, Spanier, said he can recall only one substantive conversation with Sandusky in his career. He disputes that he had any knowledge of sexual abuse, maintaining that the incident had been presented to him as unseemly "horseplay" in the shower, and then handled without apparent need of his intervention.

    "I never, ever heard anything about child abuse or sexual abuse or my antennae raised up enough to even suspect that," Spanier said in the interview, who maintained that the email cited in the Freeh report was taken out of context to support a false conclusion.

    He rejected the notion of a cover-up.

    "I’m very stunned by Freeh’s conclusion that — I don’t think he used the word 'cover-up,' but he uses the word 'concealed.' I’m totally stunned by that, because why on earth would we? There’s no logic to it. Why on earth would anybody cover up for a known child predator? Adverse publicity? For heaven’s sake."

    In the wake of the Sandusky scandal, Paterno was forced out and died shortly thereafter. In the New Yorker interview, Spanier lauded the late coach for his integrity. 

    "He had tremendous energy, he had great enthusiasm for life, he had tremendous integrity, and I would say this to anybody — he was tough on the rules. He was always trying to do the right thing," Spanier said, according to The New Yorker.

    After the release of the Freeh report, the NCAA fined Penn State’s football program $60 million — roughly the amount the team has earned annually — to be applied to fighting child abuse. The college athletic governing association also cut the number of football scholarships Penn State can offer in coming years and erased more than a decade worth of football victories from the official record. That meant Paterno was no longer the winningest football coach ever.

    Spanier told The New Yorker that Penn State’s decision to accept the Freeh report conclusions was probably an effort on the part of the university to put the scandal behind them as soon as possible.

    "Unfortunately, what the university did was to accept the report. Not to receive it, which I think an organization would generally do, but to accept it. By accepting the report, the N.C.A.A. and the Big Ten then said, well, if the university accepts this report, we accept it, so we don’t need to do an investigation. They’ve signed an agreement with us saying it’s a done deal, we accept it, and they imposed the most severe set of penalties in the history of athletics." 

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    253 comments

    Good gravy, this was done, put behind us and yet another collaborater is going to try and revive his reputation, but only remind us all of what a bunch of scum sucking leaches ruled Penn State. We get it, a former FBI director has it in for you and that you love kids.... blah, blah, blah

    Show more
    Explore related topics: penn-state, sexual-abuse, sandusky, kari-huus, graham-spanier
  • 15
    Aug
    2012
    6:14pm, EDT

    Ex-Penn State officials' perjury case renews Sandusky case questions

    Former Penn State University athletic director Tim Curley, left, and ex-Penn State Vice President Gary Schultz are charged with lying to a grand jury investigating suspected child abuse involving the university's former defensive coordinator Jerry Sandusky.

    By Wes Oliver, Special to NBC News

    ANALYSIS

    Many probably thought -- and hoped -- that the verdict in Jerry Sandusky's child sex abuse trial would end a very uncomfortable national conversation. The criminal proceedings still pending against former Penn State officials Tim Curley and Gary Schultz will dash that hope.  

    Wes OliverWes Oliver is a law professor and director of the Criminal Justice Program at the Duquesne University School of Law.

    Curley and Schultz are accused of failing to report their suspicions about Sandusky’s behavior with minors to law enforcement authorities in 2001 and lying to the grand jury that investigated Sandusky in 2011.  Both men have pleaded not guilty to all the charges. At a hearing on Thursday, attorneys for both men and prosecutors will argue several pretrial motions, including one to dismiss the charges.


    If the charges are not dismissed or pleaded out and the case goes to trial, they will require a judge or jury to determine how complicitous these men -- and perhaps others -- were in facilitating Sandusky's crimes. 

    The perjury count in this case is somewhat unusual. At the time of the preliminary hearing, the Commonwealth of Pennsylvania argued that Curley and Schultz lied to the grand jury when they characterized Mike McQueary's report of a 2001 incident in a Penn State shower room as "horsing around" that did not involve criminal conduct. Their testimony otherwise matched that of McQueary's father, John, who was called to testify as a corroborating witness. McQueary's father testified that McQueary described inappropriate and possibly sexual conduct. 

    Until March 30, 2012, the prosecution's case rested entirely on the legal conclusions these men drew from the facts that the younger McQueary related to them. Unless the prosecution could show that Curley and Schultz believed in January 2011 when they testified before the grand jury that Mike McQueary described a crime to them in 2001 -- a very difficult task -- then this count was doomed to fail. 

    Read more legal analysis from Wes Oliver

    But in March, the prosecution responded to a defense request to explain exactly the falsehoods it was alleging occurred in the grand jury testimony.  In addition to the legal characterizations about the incident that the prosecution claimed amounted to perjury, the Commonwealth added some new claims. Curley, Penn State’s former athletic director, denied knowing anything about the 1998 incident. Schultz, a former vice president at the university, claimed that both the 1998 and 2001 incidents were reported to a child protective agency and that when he learned of the 2001 incident, he did not look into the 1998 allegation. Email traffic has demonstrated these statements to be false.  

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    As the prosecution continues to base the perjury count -- at least in part -- on Curley and Schultz's characterization of the events, however, the trial will turn on the information they had about Sandusky in 2001.  Questions long asked will be renewed.  If Mike McQueary saw, and reported, a very serious and criminal incident in a shower, why did he do nothing to stop it?  If McQueary described molestation to the late Joe Paterno, Penn State’s legendary football coach, why did Paterno not immediately call Curley, Schultz or the police?  What did McQueary -- who described anal sex to the grand jury, but two or three slapping sounds and an awkward moment at the preliminary hearing -- actually say to Curley and Schultz? 

    In many ways, the issues in a Curley-Schultz trial will be more compelling than the issues in the Sandusky trial.  With the jury's “guilty” verdict in Sandusky's case, we can now identify him as a pedophile without undermining any presumption of innocence.  He was driven by warped motivations. A psychosexual disorder with a focus on adolescents -- a diagnosis the Commonwealth's expert opined may apply to Sandusky -- is by definition a disorder.  

    But what about those rational people who allegedly facilitated him?  What signs were they willing to ignore rather than risk Penn State's reputation? The Freeh Report characterized Curley and Schultz -- as well as then-University President Graham Spanier and the beloved Paterno -- as being fully aware of the threat Sandusky posed to young men on the campus.  The defense of Curley and Schultz will necessarily challenge this characterization and will no doubt be a welcomed voice to this national conversation by staunch Paterno supporters still reeling from the NCAA's invalidation of the school's football victories after 1998.     

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    46 comments

    My name is ruined. True to form until the end Joe.... me, me me. Good riddance!

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  • 26
    Jul
    2012
    1:35pm, EDT

    Lawyers: Phone audio is Sandusky calling shower abuse victim

    The young man known as "Victim 2" in the Jerry Sandusky sex abuse case spoke out for the first time through his attorneys about how the former Penn State coach abused him and stalked him with phone messages. NBC's Ron Allen reports.

    Gene J. Puskar / AP

    Former Penn State assistant football coach Jerry Sandusky is awaiting sentencing for sexually abusing boys, including one identified in court documents as Victim 2.

    By NBC News staff and wire services

    Updated at 8:01 a.m. ET on July 27: HARRISBURG, Pa. -- Lawyers for a man who claims to be the unknown victim abused in a Penn State shower by Jerry Sandusky in a case that led to Joe Paterno's firing say he intends to sue the university.

    The lawyers also released two audio clips that they say are phone mail messages from Sandusky to their client, referred to in court documents as Victim 2.

    In the messages from September 2011, which can be heard in the links below provided by the lawyers, Sandusky talks about moving forward and having nothing to hide. In one message, Sandusky offers an invitation to a Penn State football game. He ends both calls with "love you."

     


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    You can hear audio of an alleged message from Sept. 12, 2011, here.

    You can hear audio of an alleged message from Sept. 19, 2011, here.

    The lawyers, Andrew Shubin, Justine Andronici, Matt Casey and Joel Feller, said in a statement that they have done an extensive investigation and gathered "overwhelming evidence" on details of the abuse.

    The statement reads in part:

    "Our client suffered extensive sexual abuse over many years both before and after the 2001 incident Michael McQueary witnessed in the Penn State Lasch building shower. Penn State has now admitted and there is no longer any question that its top officials could have and should have prevented these acts. Jerry Sandusky's abuse of Victim 2 and other children is a direct result of a conspiracy to conceal Sandusky's conduct and the decisions by top Penn State officials that facilitated and enabled his access to victims. We intend to file a civil lawsuit against Penn State University and others and to hold them accountable for the egregious and reckless conduct that facilitated the horrific abuse our client suffered.

    Our client has to live the rest of his life not only dealing with the effects of Sandusky's childhood sexual abuse, but also with the knowledge that many powerful adults, including those at the highest levels of Penn State, put their own interests and the interests of a child predator above their legal obligations to protect him."

    Penn State says it cannot comment on pending litigation.

    Prosecutors have said they don't know the identity of the boy molested by Sandusky in 2001. The encounter was spotted by former graduate assistant football coach, Mike McQueary, who reported the abuse to school officials, including Paterno, but none of them told police. McQueary said he saw Sandusky and the boy -- now a grown man -- in an "extremely sexual" position in a locker room shower one night. He was a key prosecution witness at Sandusky's trial.

    The victim is not named in the attorneys' statement.

    Lawyers representing a man claiming to be the unidentified shower victim of former football coach Jerry Sandusky say audio recordings are phone messages to their client.

    Sandusky awaits sentencing after being convicted in June of 45 sex abuse counts related to molesting 10 boys, including Victim 2.

    A seven-month investigation by former FBI Director Louis Freeh, commissioned by Penn State, concluded that Paterno, then-university President Graham Spanier and two other top Penn State administrators concealed abuse by Sandusky to avoid bad publicity, thereby enabling Sandusky's crimes to continue.

    Below is a transcription of the phone mail messages:

     Sept. 12, 2011:

    "…Jere. Um. I am probably not going to be able to get a hold of anybody. Um. Uh. Probably ought to just go forward. Uh. I would be very firm and express my feelings, uh, upfront. Um. But, uh, you know, there is nothing really to hide so. Um. If you want, give me a call. You can call me on my other cell phone or on this one, either one so. Alright, take care. Love you. Uh. Hope you get this message. Thanks."

     Sept. 19, 2011:

    "…Just calling to see you know whether you had any interest in going to the Penn State game this Saturday. Uh. If you could get back to me and let me know, uh, I would appreciate it and when you get this message, uh, give me a call and I hope to talk to you later. Thanks. I love you.”

     

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    216 comments

    It will be interesting to see if anyone sues Dottie Sandusky.

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  • 24
    Jul
    2012
    3:32pm, EDT

    Penn State faces more fallout from sex abuse scandal

    The Penn State community and its storied football program are reeling after the NCAA announced unprecedented sanctions for the school as a result of the Jerry Sandusky child sex abuse scandal.

    By Kari Huus, NBC News

    When the NCAA and the Big Ten conference announced punishing sanctions for Penn State on Monday in the Jerry Sandusky sexual abuse scandal, the impact for the school’s vaunted football team was tangible and immediate.


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    What’s harder to calculate is how much damage the scandal will cause to the rest of Penn State. Here’s why: The crisis was unprecedented — striking at the heart of the university’s identity, involving crimes that took place over a long period and implicating figures at the highest levels of university administration.

    Penn State commissioned the investigation led by former FBI director Louis Freeh, upon which the NCAA sanctions were based, but crisis management experts suggest that it was just a first step needed to reassure donors, alumni, students and applicants to the school.


    "They will have to do a lot to come clean," said Larry Barton, president and professor of management at the American College in Bryn Mawr, Pa., and author of several books on crisis management. "It’s not going to go away merely by changing the cover of the alumni magazine to show a professor of anthropology."

    The NCAA sanctions include a $60 million fine against Penn State’s football program — roughly the amount the team has earned annually — to be applied to fighting child abuse. The college athletic governing association also cut the number of football scholarships Penn State can offer in coming years and erased more than a decade worth of football victories from the official record. That meant the late Joe Paterno is no longer the winningest football coach ever.

    The Freeh report "presents an unprecedented failure of institutional integrity leading to a culture in which a football program was held in higher esteem than the values of the institution, the values of the NCAA, the values of higher education, and most disturbingly the values of human decency," according to the NCAA conclusions and sanctions.

    The Big Ten conference then barred Penn State from playing in postseason bowl games for four years, forfeiting an expected $13 million in revenue.

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    The measures were "staggering" in scope with "potential to impact the program for a decade, if not much, much longer," NBC sports reported.

    How much more will the sanctions and scandal scar the university?

    Typically, donations to athletic donations take a hit when the crisis’ epicenter is in the athletic department, said Rae Goldsmith, vice president at the nonprofit Council for Advancement and Support of Education in Washington, D.C.

    "There is traditionally a pretty specific division between giving to academics and giving to athletics," said Goldsmith. "When a crisis hits athletics you can see a hit to giving for athletics but not to academic programs."

    On July 9, the university announced that a record number of individual donors had contributed a total dollar amount that was second highest in university history — $208.7 million — during the 2011-2012 fiscal year. That included money for the Nittany Lions.

    The Penn State football team has been an economic powerhouse for the region, but now local businesses will almost certainly pay a price for the sexual abuse scandal. NBC's Anne Thompson reports.

    The university trumpeted the "steadfast support" by alumni and friends "despite a year that was marked by unprecedented challenges."

    However, those results cover the full fiscal year — going back to months before the scandal became public.

    They were also announced a few days before the release of the Freeh report, which was a detailed and scathing indictment of key figures at the university who failed to act on eyewitness information of Sandusky apparently raping a child in campus showers and other information.

    Related content: 

    • What the Freeh report says about Sandusky's associates
    • Expert: Penn state report ups legal risk for former president
    • Former Penn State president says he didn't cover for Sandusky, didn't know details

    The report emphasized the roles what it calls the "four most powerful people" at Penn State — "who failed to protect against a child sexual predator harming children for over a decade." It said they "concealed Sandusky’s activities from the Board of Trustees, the University community and authorities."

    Among them was revered head football coach Paterno, Penn State President Graham Spanier, athletic director Timothy Curley and vice president Gary Shultz. All four were forced out of their jobs over the scandal.

    Paterno was fired Nov. 9, and died two months later. Spanier was forced to leave his leadership post, but remains on at Penn as a tenures professor. Curley and Schultz are facing charges of failing to report alleged abuses and of perjury.

    Sandusky was convicted on 45 counts on June 11 and is in jail awaiting sentencing.

    In the near term, there are some tangible costs to Penn State as a whole.

    The $60 million fine puts a dent in football revenue that is normally used to support non-revenue sports.

    And NCAA President Mark Emmert said at Monday’s press conference that the money could not "come at the cost of reduced programs in the athletic department and other student scholarships."

    In an email response to a query about covering that cost, Penn State spokesman David LaTorre wrote: "The University will use its athletics reserve fund, capital maintenance budget and if necessary, an internal bond issue, to address the fine. We’re pleased the funding will be used toward important programs to help children who are victims of child abuse."

    Moody's Investors Service said Tuesday that it may cut its rating on Penn State's credit because of the sanctions and the scandal laid out in the Freeh report, which it said could hurt student enrollment and fundraising for the university, the Associated Press reported. Moody's says Penn State has about $1 billion in debt.

    Goldsmith said the scandal may take a toll on student enrollment, though that cost is harder to quantify.

    "If students are coming for a specific program, they will still come," said Goldsmith. "For students who were not committed up front and may have several choices, the institution needs to pay special attention."

    Ex-Penn State president disputes Freeh report

    But she noted: "It’s a challenge for any institution that relies heavily on the reputation of any one program. When there’s trouble in that program, the institution could have a significant branding problem."

    Barton said he did not see a risk to the university’s ability to recruit high quality instructors or to its academics winning research grants.

    However, he predicted that the scandal could discourage major donations from people who are thinking about their own legacies.

    "There’s no way to calculate the untold gifts from potential contributors — especially from baby boomers — who are actively planning their estates. It’s going to be difficult for Penn State to earn the trust of those individuals," he said.

    "It is important to know we are entering a new chapter at Penn State and making necessary change," Penn State President Rodney Erickson said in a statement after the announcement of NCAA sanctions.

    "We must create a culture in which people are not afraid to speak up, management is not compartmentalized, all are expected to demonstrate the highest ethical standards, and the operating philosophy is open, collegial, and collaborative."

    Barton argues that the university should create a comprehensive multiyear program that includes bold initiatives, such as removing most of the Board of Trustees, who the Freeh report noted had failed in their job of oversight.

    "I think there should be a national conference on pedophilia that Penn State hosts,” said Barton. "It would say it happened here, it could happen to you."

    "Handing the investigation over to Louis Freeh was an extremely smart, savvy first move," said Barton, the crisis management expert.  "But it really should not be the last one. It should be the liftoff to an ongoing series of reviews and disclosures about how do you turn a huge debacle into a better Penn State."

    Follow Kari Huus on Facebook

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    105 comments

    Gosh, maybe now Penn State will start TEACHING.

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  • 22
    Jul
    2012
    7:53am, EDT

    Statue of famed Penn State coach Paterno taken down

    A statue of famed Penn State football coach Joe Paterno has been removed following the report that he knew Jerry Sandusky was being investigated for child sex abuse. NBC's Michael Isikoff reports.

    By NBC News staff and wire services

    Updated at 6:44 p.m. ET: STATE COLLEGE, Pa. - The famed statue of Joe Paterno was taken down from outside the Penn State football stadium Sunday, eliminating a key piece of the iconography surrounding the once-sainted football coach accused of burying child sex abuse allegations against a retired assistant.

    Workers lifted the statue off its base and used a forklift to move it into Beaver Stadium as the 100 to 150 students watching chanted, "We are Penn State."


    Construction vehicles and police arrived shortly after dawn Sunday, barricading the street and sidewalks near the statue, erecting a chain-link fence then concealing the statue with a blue tarp.

    Read the latest on the story on NBCSports: Paterno statue removed

    The statue, nearly 7 feet tall and weighing more than 900 pounds, was built in 2001 in honor of Paterno's record-setting 324th Division 1 coaching victory and his "contributions to the university." 

    CFT: 'Take (Paterno) statue down or we will,' banner says

    The university said it would take down the larger-than-life monument in the face of an investigative report by former FBI Director Louis Freeh that found the late coach, along with three top Penn State administrators, concealed the abuse claims against Jerry Sandusky more than a decade ago in order to shield the university and its football program from negative publicity.

    Pat Little / Reuters; Patrick Smith / Getty Images

    The site outside Beaver Stadium before and after the statue's removal.

    Penn State President Rodney Erickson explained  the decision to remove the statue in a statement that read in part:

    With the release of Judge Freeh's Report of the Special Investigative Counsel, we as a community have had to confront a failure of leadership at many levels. The statue of Joe Paterno outside Beaver Stadium has become a lightning rod of controversy and national debate, including the role of big time sports in university life. The Freeh Report has given us a great deal to reflect upon and to consider, including Coach Paterno's legacy.

    Throughout Penn State, the two most visible memorials to Coach Paterno are the statue at Beaver Stadium and the Paterno Library. The future of these two landmarks has been the topic of heated debate and many messages have been received in various University offices, including my own. We have heard from numerous segments of the Penn State community and others, many of whom have differing opinions. These are particularly important decisions when considering things that memorialize such a revered figure.

    I now believe that, contrary to its original intention, Coach Paterno's statue has become a source of division and an obstacle to healing in our University and beyond. For that reason, I have decided that it is in the best interest of our university and public safety to remove the statue and store it in a secure location. I believe that, were it to remain, the statue will be a recurring wound to the multitude of individuals across the nation and beyond who have been the victims of child abuse.

    The family of Paterno said the statue's removal "does not serve the victims" of the abuse scandal. A family statement issued Sunday said the only way to help the victims was  to "uncover the full truth." The family has previously said they do not agree with the conclusions of the Freeh report and planed to commission their own investigation.

    Presideent Barack Obama feels the removal of the statue is "the right decision," White House spokesman Jay Carney said.

    Meanwhile, the National Collegiate Athletic Association said it would announce "corrective and punitive measures" for Penn State on Monday in the aftermath of the child sex abuse scandal. NCAA President Mark Emmert hasn't ruled out the possibility of shutting down the Penn State football program for a year or more in the wake of the scandal, adding that he had "never seen anything as egregious."

    Target for critics
    The bronze sculpture outside Beaver Stadium has been a rallying point for students and alumni outraged over Paterno's firing four days after Sandusky's Nov. 5 arrest -- and grief-stricken over the Hall of Fame coach's Jan. 22 death at age 85.

    MSNBC's Thomas Roberts talks to Michael McCann, Legal Analyst and Columnist at Sports Illustrated, about the deal Joe Paterno worked about with Penn State prior to his departure from the University.

    But it turned into a target for critics after the Freeh report's stunning allegation of a cover-up by Paterno, ousted President Graham Spanier and two Penn State officials, Athletic Director Tim Curley and Vice President Gary Schultz. Their failure to report Sandusky to child-welfare authorities in 2001 allowed him to continue molesting boys, the report found.

    Erickson admitted that the school had made mistakes in its handling of the affair, and said the university had become more aware of the issues of child abuse as a result of the scandal that engulfed the school. 

    CFT: Penn State to respond to NCAA, statue issues

    Paterno's family, along with attorneys for Spanier, Curley and Schultz, vehemently deny any suggestion they protected a pedophile. Curley and Schultz await trial on charges of failing to report child abuse and lying to a grand jury but maintain their innocence. Spanier hasn't been charged. Sandusky was convicted last month of 45 counts of sexual abuse of 10 boys.

    NBC's Bob Costas says Joe Paterno's reputation can never fully recover from the Penn State sexual abuse scandal, and now the NCAA plans to step up their investigation.

    Some newspaper columnists and former Florida State coach Bobby Bowden have said the statue should be taken down, while a small plane pulled a banner over State College reading, "Take the statue down or we will."

    But Paterno still has plenty of fans, and Penn State's decision to remove the monument won't sit well with them. One student even vowed to "chain myself to that statue" if there was an attempt to remove it.

    Three men claim abuse by Sandusky in '70s or '80s

    University officials had called the issue a sensitive one in light of Paterno's enormous contributions to the school over a 61-year coaching career. The Paterno family is well-known in the community for philanthropic efforts, including the millions of dollars they've donated to the university to help build a library and fund endowments and scholarships.

    The Associated Press contributed to this report.

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    265 comments

    GOOD

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  • 17
    Jul
    2012
    2:32pm, EDT

    Middle school to remove Paterno mural following Freeh report

    Nabil K. Mark, Abby Drey / AP file

    Pilato had put a halo over Paterno's image after the coach's death in January, but said he felt he had to remove it after a report that Paterno and other university officials buried allegations of child sex-abuse against ex-assistant Jerry Sandusky.

    By Louis Casiano, NBC News

    A mural of the late former football coach Joe Paterno at a Connecticut middle school will be painted over following the release of a report last week that put blame on Penn State officials in the wake of the Jerry Sandusky child sex abuse scandal. 


    Follow @NBCNewsUS

    Oxford Board of Education Interim Superintendent Dr. John Reed made the decision to remove the painting from the Great Oak Middle School before classes resume, the Connecticut Post reported. 

    The report didn't indicate what painting will replace the Paterno mural. 


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    The board first discussed removing the painting last year following allegations Paterno and university leaders failed to report the allegations against Sandusky.

    "We decided to wait until all the facts were out and the report was complete before we made a decision," Board of Education Chairwoman Paula Guillet told the station.

    The Post reported the painting is part of a "Wall of Heroes" throughout the school that also features Albert Einstein, John F. Kennedy and Kareem Abdul-Jabbar. 

    The decision follows a 267-page independent report conducted by former FBI Director Louis Freeh on behalf of the university that found officials did little to nothing when confronted with allegations that assistant football coach Jerry Sandusky had been sexually abusing young boys. 

    Report: Penn State president, Paterno concealed facts about Sandusky sex abuse

    The report also found Paterno and university leaders concealed Sandusky's activities for over a decade and showed a lack of empathy for his victims.

    Officials hid the allegations against Sandusky to protect the school's reputation, according to the report. 

    Most of Sandusky's victims were middle-schoolers when the abuse occurred. 

    Watch US News videos on NBCNews.com

    In State College, Pa., another painting of the late football coach was altered after the release of the Freeh report.

    Artist Michael Pilato had created a large mural of Penn State leaders years ago. He added a halo over Paterno’s image after he died Jan. 22. But on Saturday, Pilato removed the halo over Paterno's head.

    Sandusky was convicted on 45 counts for the sexual abuse of 10 boys over a 15-year period. He is in jail awaiting sentencing. 

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    40 comments

    Good for Mr. Reed and Ms. Guillet they took decisive action when so many others dither. One as to wonder why Paterno was on a wall of heros in the first place. He coached a sport, he was no Einstein. Hopefully the students at this Conneticut school will behave more responsibily than the Penn State c …

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  • 16
    Jul
    2012
    4:51pm, EDT

    Three men say they were abused by Jerry Sandusky in '70s or '80s

    Pat Little / Reuters file

    Former Penn State assistant football coach Jerry Sandusky leaves the Centre County Courthouse in handcuffs after his conviction in a child sex abuse trial in Bellefonte, Penn. on June 22, 2012.

    By NBC News staff

    Three men have told police they were abused by Jerry Sandusky in the 1970s or 1980s, according to a local report Monday.

    Follow @NBCNewsUS

    Sources close the Sandusky case say they are the first people to allege abuse before the 1990s by the 68-year-old convicted pedophile, The Patriot-News reported. 

    In the early 1970s when one of the men said he was abused, the former Penn State assistant football coach would have been in his late 20s.

    Sandusky was convicted in June on 45 counts of child sex abuse against 10 victims. As the case unfolded, more alleged victims came forward – including Sandusky’s adopted son – to say they were also abused.

    The grand jury investigation is still meeting and could potentially hear from more alleged victims. When Sandusky is sentenced in September, he could face hundreds of years behind bars for the crimes for which he was convicted.

    There is no mention of victims before the 1990s in the Freeh report, an independent account detailing the results of an eight-month internal investigation of the actions of Penn State employees.  The report, authored by Judge Louis Freeh and his law firm, was made public Thursday. 

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    235 comments

    Is anyone surprised? You don't wake up one day at say the age of 50, and suddenly become a pedophile. There are many more victims. I think it is to late for them to take any legal action. It would help fight this behavior if more victims could come forward. Single mothers in particular...beware of m …

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  • 16
    Jul
    2012
    12:25pm, EDT

    Paterno family to conduct own investigation in Sandusky sex abuse case

    Nabil K. Mark / AP

    The family of the late Penn State football coach Joe Paterno is unhappy with the findings of an investigation into the Jerry Sandusky child sex abuse scandal.

    By NBC News staff

    Lawyers for the family of Joe Paterno say they will do their own investigation of the late Penn State football coach's involvement with the Jerry Sandusky child sex abuse case, reiterating that they disagree with a report that concluded Paterno and others withheld information that could have prevented further abuse.

    In a statement emailed to NBC News, the family said it was "dismayed" by parts of the report released last week by Louis Freeh, the former FBI director who conducted an investigation for the university in the Sandusky scandal.


    Follow @msnbc_us


    The Freeh report concluded that Paterno and other university leaders "repeatedly concealed critical facts" relating to assistant coach Sandusky’s child sex abuse from authorities.

    Paterno's family say they will not be issuing any further comment until they have done their own review. 

    Below is the family statement:

    Following the release of the Grand Jury findings last fall, Joe Paterno called for a thorough, fair and transparent investigation. Like everyone else, Joe was stunned at the charges that were filed against Jerry Sandusky. At the same time, Joe cautioned against a rush to judgment on Penn State and its senior officials and reminded everyone that we owed it to the victims to uncover the full truth.

    The announcement of the findings by the Freeh Group is yet another shocking turn of events in this crisis. We are dismayed by, and vehemently disagree with, some of the conclusions and assertions and the process by which they were developed. Mr. Freeh presented his opinions and interpretations as if they were absolute facts. We believe numerous issues in the report, and his commentary, bear further review.

    Our interest has been and remains the uncovering of the truth. We have never tried to run from this crisis or shift all responsibility to others. To help prevent this sort of tragedy from happening again at Penn State or any other institution, it is imperative that the full story be told.

    After the report was released, we instructed our attorneys and their experts to conduct a comprehensive review of the materials released by the Freeh Group as well as Mr. Freeh's presentation and press conference. We have also asked them to go beyond the report and identify additional information that should be analyzed. And we have asked the Freeh Group to preserve all records, notes and other materials related to the investigation and the presentation of their findings as we expect they will be the subject of great interest in the future.

    To those who are convinced that the Freeh report is the last word on this matter, that is absolutely not the case. Since various investigations and legal cases are still pending, it is highly likely that additional critical information will emerge. With that said, we want to take this opportunity to reiterate that Joe Paterno did not shield Jerry Sandusky from any investigation or review. The 1998 incident was fully and independently investigated by law enforcement officials. The Freeh report confirms this. It is also a matter of record that Joe Paterno promptly and fully reported the 2001 incident to his superiors. It can certainly be asserted that Joe Paterno could have done more. He acknowledged this himself last fall. But to claim that he knowingly, intentionally protected a pedophile is false.

    The process of reviewing the report and other relevant information is going to be a complicated and time consuming exercise. It took the Freeh Group roughly seven months to conduct more than 400 interviews and review three million documents. We do not expect or intend to duplicate this effort but we are going to be as thorough as reasonably possible. In the meantime, our attorneys have asked that we not make any further comment on this matter until they are ready to provide an update on their progress.

    More on Penn State investigation:

    Penn State to renovate showers, locker room where Sandusky abused boys

    Report finds Penn State president, Paterno concealed facts about Sandusky sex abuse

    Sandusky scandal shows danger of larger-than-life boss

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    351 comments

    Give it up. JoePa is just as guilty as the rest and now his family just wants to protect their money when the civil suits start. They should just lower their heads in shame over all of this and fade away.

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  • 14
    Jul
    2012
    6:51pm, EDT

    Artist removes Joe Paterno's halo from Penn State mural

    Artist Michael Pilato removed it after reports that former Penn State football coach Joe Paterno and others buried the child sex abuse allegations against Jerry Sandusky.

    By Steve Forrest, NBC News

    On Saturday, muralist Michael Pilato altered his famous Penn State artwork – by removing a halo painted over the head of former head football coach Joe Paterno – because of revelations about Paterno’s role in the child sexual abuse scandal that has rocked the university.


    Follow @msnbc_us

    The mural, which adorns the university bookstore at the corner of Heister Streets and College Avenue in State College, Pa., depicts a group of local luminaries, including Paterno, who was head coach of the Penn State football team for nearly 46 years. Pilato had added the halo after Paterno’s death on Jan. 22.

    Pilato and his family have been friends with the Paternos for many years so this decision was a tough one, he said. But after considering what was revealed in last week's Freeh report, Pilato said, he "had no choice."


    Former FBI director Louis Freeh released the 267-page report, commissioned by Penn State, into the role of the institution and its employees in the serial sexual abuse of boys by former assistant coach Jerry Sandusky.

    Penn State to renovate showers in Sandusky case

    The report emphasized the roles of the "four most powerful people" at Penn State, including iconic coach Paterno, "who failed to protect against a child sexual predator harming children for over a decade." It said they "concealed Sandusky’s activities from the Board of Trustees, the University community and authorities."

    The other three are former Penn State Vice President Gary Schultz and former athletic director Timothy Curley, who both face criminal charges alleging they failed to report the abuse and for perjury in grand jury testimony — and university president Graham Spanier. Spanier was forced out of his position at head of the university, but remains on staff as a tenured professor of sociology.

    Pat Little / Reuters

    Above, artist Michael Pilato adds a halo over football coach Joe Paterno's head to a mural in January in downtown State College, Pa. Pilato created the mural several years ago. On Saturday, Pilato removed the halo -- the altered mural can be seen below..

    Courtesy PILATO MURALS

    Expert: Penn State report ups legal risk for former president

    "Sue Paterno had been quoted as saying Joe was not a saint. That made this difficult decision easier for me to execute," Pilato told NBC News.

    Watch the Top Videos on msnbc.com

    After removing the halo, Pilato painted a blue ribbon over the chest of the late coach’s image.

    "The last time I saw Joe in his home before he died, he said to me, 'I wish there were classes taught on sexual abuse,'" Pilato said. "The blue ribbon signifies awareness of the sexual abuse and knowing where Joe's thoughts were on this, I felt it was appropriate to give him the blue ribbon."

    In December, emboldened by the victims in the Penn State scandal, Pilato's 16-year-old daughter, Skye, went public with the story of her own abuse — being raped by two men when she was 12, the local Centre Daily Times reported. The artist has dedicated a recent mural in State College to her and other victims of sexual abuse.

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    Pilato removed the image of Jerry Sandusky from the earlier mural after Sandusky's arrest in November, and later replaced him with the image of Dora McQuaid, a Penn State graduate who is an activist on sexual and domestic abuse issues. He plans to have all the handprints of all the victims of Sandusky added to the mural in the near future.

    Pilato has not decided what he will do with the image of Spanier, the former Penn State president, on the mural. "In the last two days, people have been throwing eggs on the Spanier section of the mural," adds Pilato. "Maybe they are doing my work for me."

    Msnbc.com's Kari Huus contributed to this report.

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    534 comments

    Here's a thought. Just white wash the entire Murial and start over with something acknowledging the victims this time.

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  • 13
    Jul
    2012
    6:52pm, EDT

    Expert: Penn State report ups legal risk for former president

    Reuters file

    Penn State University President Graham Spanier, left, and Jerry Sandusky attend the Second Mile Celebrity Golf Classic, in State College, Penn. in 1997.

    By Kari Huus, NBC News

    Of four former top Penn State employees accused by an independent investigation of concealing sexual abuse by Jerry Sandusky, one is dead and two are facing charges of perjury and not reporting abuse.

    The fourth, former university president Graham Spanier, remains on the Penn State staff and hasn't been charged.

    But a report published Thursday on what went wrong at Penn State outlines Spanier's actions and could increase the likelihood that prosecutors will pursue criminal charges against him as well, a legal expert said.


    Follow @msnbc_us

    Kari Huus


    Follow Kari Huus on Twitter and Facebook.



    "Do I think he will face further ramifications?" said Drexel University law professor Dan Filler. "He’s definitely at risk."


    The 276-page report on the findings from of a special investigation led by Louis Freeh emphasizes the roles of "the four most powerful people" at Penn State "who failed to protect against a child sexual predator harming children for over a decade."

    That lumps Spanier with former Penn State vice president Gary Schultz and former university athletic director Timothy Curley, and former head football coach Joe Paterno, who died in January. Schultz and Curley are accused of failing to report the allegations of sexual abuse by Sandusky, and of committing perjury when questioned by a grand jury.

    Penn State report: What it says about Sandusky’s associates

    These men "concealed Sandusky’s activities from the Board of Trustees, the University community and authorities," concluded Freeh, who was hired by Penn State to conduct the investigation.

    Spanier rejected that accusation.

    "Unfortunately, Judge Freeh's conclusion …  that Dr. Spanier was engaged in a course of 'active concealment' is simply not supported by the facts or by the report itself," said a statement Spanier issued Thursday through his attorneys, Peter Vaira and Elizabeth Ainslieon Thursday.

    Sandusky, 68, was arrested in November 2011 and found guilty of 45 counts of child sexual abuse. He is in jail awaiting sentencing.

    The Freeh report looked into the role of individuals and the institution of Penn state in failing to stop Sandusky. It says Sandusky assaulted boys on university property and focused on two incidents — a 1998 sexual abuse complaint that was investigated by police and a 2001 eyewitness report of Sandusky apparently involved in sexual activity with a 10- to 12-year-old boy in a shower.

    The statement from Spanier’s lawyers repeated his claim that he was never contacted by law enforcement or other officials about criminal conduct on the part of Sandusky.

    "As he told Judge Freeh himself last Friday and has steadfastly maintained, at no time in his 16 years as President of Penn State was Dr. Spanier told of any incident involving Jerry Sandusky that described child abuse, sexual misconduct, or criminality of any nature."

    Email conversations documented by the report seem to suggest that Spanier was informed by Shultz about the 1998 investigation of Sandusky, which arose after a mother alleged that the coach sexually assaulted her 11-year-old son in a shower.

    The notes reveal little about Spanier’s reaction to the investigation and no record to suggest that he or the others addressed Sandusky about the allegations.

    The report documents how, after witnessing Sandusky in sexual activity with a child in the locker room showers on campus in 2001, graduate assistant Mike McQueary reported it to coach Joe Paterno, who passed that information on to Curley and Shultz, who brought it to Spanier.

    There is no record of Spanier speaking directly to McQueary.

    "(Spanier's) biggest defense is he didn’t hear it from McQueary," said Filler. "He heard it from Curley and Schultz."

    The report did not make clear how McQueary's story was spelled out to Spanier, but it says that records show that Curley, Schultz and Spanier devised a plan to tell Sandusky they thought he had a problem, offer him professional help and advise him not to bring children into campus facilities.

    In email cited by the report, Spanier agrees with this approach, which he calls "humane and reasonable."

    "The only downside for us is if the message isn’t 'heard' and acted on, and we become vulnerable for not having reported it. But that can be assessed down the road," he said in the email.

    No one reported the alleged rape of the boy to the police and there is no record suggesting that they attempted to identify the boy or find out if he had been harmed, the report said.

    Spanier also did not report the incident to the Board of Trustees at the time, only doing so under pressure after he was called to testify before the grand jury in the Sandusky case, along with Curley and Schultz, the report said.

    The report does not accuse Spanier of lying but it does provide fodder for a prosecutor to probe inconsistencies in Spanier’s statements, raising the risks of charges for the former university president, said Filler.

    "If prosecutors decide he lied under oath and they can prove it, that's where his risk is," he said. "As with other cases -- like the Clinton case — it’s often not the bad conduct. It’s the lying under oath."

    Another possible risk to Spanier, said Filler, is the possibility that Shultz and Curley strike a plea deal in exchange for damning testimony against Spanier.

    The report says Spanier resisted independent investigation of Sandusky, "discouraged discussion and dissent" and had "a striking lack of empathy for child abuse victims."

    "Spanier just does not go to the board with anything," said Filler. "That may not be criminal, but boy that is ugly for lots of reasons. He has a duty to bring risks to the university to the board, and he doesn’t."

    Moreover, Filler said, the comprehensiveness and caliber of the Freeh report — led by former U.S. attorney, FBI director and federal judge — provides investigative legwork for any potential prosecutor.

    "The report isn’t evidence," said Filler. "But it makes it easy for a prosecutor to see what there is. And it does change the politics of the decision to prosecute. And (prosecutors) are elected officials, they are sensitive to this."

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    55 comments

    These guys have discredited themselves to the point where there is no sense in listening to their explanations and claims of innocence. I hope they feel the wrath and disgust that they have brought down on themselves. Throw the book at these animals.

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Kari Huus

Reporter Kari Huus joined msnbc.com at launch in 1996 after 7 years reporting from China. In recent years, she has focused on domestic issues, playing a key role in msnbc.com series including The Elkhart Project, Gut Check America, and Rising from Ruin--on the recovery of two Mississippi towns after Hurricane Katrina. Huus has also covered a wide array of international stories, including China's 2008 earthquake, the Asian economic crisis, the fal …

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